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Costco faces a class action lawsuit from consumers who claim Kirkland’s Diamond pet foods are misleadingly marketed as “grain free.”
Despite being marketed as “grain free” and containing “limited ingredient[s],” Diamond pet food products sold under Costco’s Kirkland brand allegedly contain “cheap fillers.” According to plaintiffs Bradley Shaw and Thomas McCarthy, consumers wouldn’t have purchased the products if they were aware of the allegedly false advertising.
Independent testing done by the plaintiffs allegedly revealed that the Kirkland products contained “material amounts of wheat” in contrast to the advertising statements. Although the exact testing method or details about how much wheat was found in the products were not disclosed by the plaintiffs, the purchasers note that their testing used the “industry standard” DNA testing to detect the wheat levels.
“By any scientific standard, the wheat found within the Kirkland Products is greater than trace. The inclusion of wheat in a product labeled as ‘grain free’ is material to Plaintiffs, the Class, and to reasonable consumers,” the plaintiffs contend in their Diamond pet foods class action lawsuit.
Shaw says he purchased Kirkland Nature’s Domain Puppy Chicken and Pea Formula quarterly for his puppy based on representations that the products were “grain free” and had “limited ingredient[s].” Although Shaw stopped purchasing the products after his puppy died tragically in late 2019, he says he was financially injured by overpaying for the products based on false advertisements.
McCarthy tells a similar story about how he purchased Kirkland Nature’s Domain Chicken and Pea Formula for Dogs between 2018 and 2019 for his dog. Like Shaw, McCarthy reportedly purchased his dog food based on representations that the Diamond pet foods were grain free and of high quality. Also like Shaw, McCarthy says he wouldn’t have purchased the products had he known the truth.
Many consumers look for grain-free food options for their pets for a variety of reasons. Some dogs may have a digestive sensitivity to grains in their foods while other pets may have skin conditions that can be provoked by grain ingredients.
Other consumers may have their own reasons for purchasing grain-free food for their animals. Regardless of the reason why, reasonable consumers allegedly assume that they will get grain-free pet food when they seek out and pay for products advertised as “grain free.”
According to the Diamond pet foods class action lawsuit, consumers pay a premium price for products marketed as “grain free.” However, if the representations are found to be false, they may have overpaid for the products. The plaintiffs contend this is exactly what happened with the Kirkland products — consumers like themselves paid a premium price only to get a lesser-value product.
“Pet owners who purchase ‘grain free’ and ‘limited ingredient’ products pay a premium in order to alleviate their pets’ allergies or to provide various health benefits,” the Diamond pet foods class action lawsuit alleges. “If these products disclosed the truth […] then these pet owners would no longer pay such a premium.”
Because they overpaid for the Diamond pet foods, the plaintiffs argue they and other consumers were financially injured.
The plaintiffs seek to represent a Class of consumers who have purchased Diamond pet foods since Nov. 3, 2016. They also seek to represent two subclasses of the same consumers who made purchases in Washington and New York, respectively. The products included in these Classes are Kirkland Nature’s Domain Puppy Chicken and Pea Formula and Kirkland Nature’s Domain Chicken and Pea Formula for Dogs.
On behalf of themselves and the proposed Class, the plaintiffs ask the court for injunctive relief and court orders which would force Costco to properly label their Kirkland products with true and not misleading statements. According to the plaintiffs, this relief would allow them and other consumers to purchase Kirkland pet food in the future without worrying about the advertisements’ truthfulness.
The plaintiffs also seek monetary relief in the form of compensatory damages, statutory damages, punitive damages, restitution, interest, court costs and attorneys’ fees.
Did you purchase Diamond pet foods thinking the Kirkland products were “grain free?” Share your thoughts in the comment section below.
The consumers and proposed Class are represented by Beth E. Terrell, Jennifer Rust Murray, Benjamin M. Drachler and Ryan Tack‐Hooper of Terrell Marshall Law Group PLLC; Alex Straus and Lisa A. White of Greg Coleman Law PC.
The Costco Diamond Pet Foods Class Action Lawsuit is Shaw, et al. v. Costco Wholesale Corp., et al., Case No. 3:20-cv-06078, in the U.S. District Court for the Western District of Washington.
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417 thoughts onCostco Class Action Lawsuit Alleges Dog Food Not ‘Grain Free’ As Advertised
Please add me.
I’ve been getting their dog food for a while thinking it was grain free. It was the turkey sweet potato natures domain. It makes me question other Costco brands that say one thing but it’s something else.
This really upsets me – i strictly purchase this for my dogs because of their allergies and they require grain free due to chronic itching and licking. I now see why their skin hasn’t improved despite buying this food for years. Had to put them on medication which costs a fortune
Please add me. My vet suggested getting their dog food so just burns my backside.
Please add me. Costco seems to be selling a lot of counterfeit garbage lately. Buyer beware.
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Please add my name to the list
Add me. This explains the itching! I have bought this for my 3 dogs for over a year.
add me
PLEASE add me!!! Our 6 yr old Doberman and our other dogs have been on this food for years; he needs a limited ingredient grain free diet. About 2 years ago, he started itching and licking himself.
The other dogs have been fine. So, having changed nothing, less adding a puppy to our household, we’ve been stumped. My friend is a vet and informally noted it could be just about anything; in the air. . .but to keep doing what we are doing unless it worsens. We treated him with medicated shampoo and Benadryl; topical and oral. He seemed to be getting progressively worse and the skin in those areas wasn’t looking better/right. So on 7/1/21, I decided to learn “why” or “what” is causing this and made an appointment for him to have a full-scope allergy test (7/21). In the meantime, on 7/14, thinking “we are what we eat”, I switched his food to another limited ingredient grain free brand. HE WAS ABOUT 90% BETTER WITHIN A FEW HOURS; That lead me to do some research, where I learned of this class action lawsuit!!! I kept his vet appointment yesterday. As expected, no need for an allergy test. . .just stick with his new food. We are tossing the 2 bags of Kirkland that we have and have switched all 3 dogs over. As of today, our fur-baby appears to be issue free. We take the best of care of all our animals and are just sick; trusted Kirkland/Costco 100% and because of this, our dog has suffered needlessly.
Add me i was just at Costco to get receipts.
23 bags in the last 2 years. Probably more but they only were able to provide 2 years worth.